From: Will Nicholl <email@example.com>
Date: Tue, 20 Apr 2021 at 01:58
Subject: Criminal conduct.
To: customerservice@ExxxCar.com.ec; and CEO Caroline Pxxxx <caroline.Pxxxx@ExxxCar.com>
Dear Customer Services,
We have had the worst experience that is possible with your company. It is bordering on criminal. You have stolen money from us. I’m not sure if ExxxCar Ecuador is genuinely part of ExxxCar or some dodgy franchise, but it is certainly bringing the ExxxCar brand into disrepute.
This is what happened to us:
1. We booked a Chevrolet Vitara SUV for 17 days from ExxxCar Ecuador (19th March to the 2nd April) at a very expensive rate. We wanted to go with a reputable brand so we chose ExxxCar – big mistake.
2. When we came to pick it up we were told you only had a Kia Rio saloon instead. We complained. The office then exchanged our vehicle a day later for an old Hyundai H1 Minivan.
3. This vehicle was ancient. The right side door didn’t open, it had rust spots all over. It lacked power, the gears stuck, the alarm kept shorting. It had 207,000 km on the clock.
4. We complained twice about the poor quality of the vehicle and the agent said he would raise our complaint with Customer Services. We didn’t hear anything back.
5. The vehicle then abruptly broke down on the side of the road near Quilotoa. This was 30th April. I had to leave my wife and two children alone on the side of the road as evening fell and hitch hike off in a melon truck to get help. It cost us $70 to get the broken van towed back to our hotel. A ExxxCar agent then came the next day and exchanged it for the SUV that we had booked in the first place – two days before our rental period finished (also very old and in bad condition.). We finished the contract and left the country.
6. On the 6th April, $2,000 was deducted from my credit card with no warning. When I enquired I was told it was a charge to ‘replace the full motor’ in the minivan. The agent somehow inferred that it was our fault that the ancient vehicle had chosen that moment to die.
ExxxCar gave us the oldest most unroadworthy vehicle I have EVER seen in a rental company. It died on the side of the road. Now you are trying to charge me to replace the old worn-out motor. This is not moral or legal. It is clearly a cynical attempt to get an old vehicle refurbished at my expense. YOU should be paying ME compensation for this appalling rental experience.
I am writing to give you a change to make this right and refund the $2000 that you have taken – and also add on the $70 cost of the tow truck that I had to pay.
Otherwise we will have to take legal action.
On Thu, 22 Apr 2021 at 17:50, Will Nicholl <firstname.lastname@example.org> wrote:
Thank you for your email and your investigation. I cannot accept the findings below however. There are some clear and obvious mistakes:
1. “No issues had been reported to ExxxCar prior to the incident on 31.03.2021.” This is completely incorrect. As soon as we took possession of the vehicle we made a complaint about the poor quality and unroadworthiness – including, critically, it’s inability to go up hills (ie a clear indication of an old and worn out engine that lacked power). Please the see attachment below. We were told at the time that our complaint would be escalated to Customer Services. I can now see this was not true.
2. “The vehicle’s engine and crankshaft was damaged as a result of the vehicle being driven across a dirt road as well as over-revving.” This is patently incorrect. We are a family of four driving with two small children in the car. We are not some hooligan offroad drivers! At no point did I ever leave a paved road. I have attached a picture of the car at the time of the breakdown. As you can see it is on a normal highway. The roads in Ecuador are in very bad condition but we as tourists cannot be held accountable for that! If the inspecting mechanic has any proof, please provide this.
We drove safely and carefully at all times. If the crankshaft was damaged then this was already the case when we received the car. I would like to receive proof of your allegations in the form of a pre-rental inspection of the crankshaft.
We revved too hard? Ludicrous! I am a driver with 20 years experience and two small children in the car – not a rally car racer. There is no mechanic alive who would deliver that allegation with a straight face. Again I would like to understand how the inspecting mechanic can substantiate this claim.
May I point out that if you are claiming that the engine died when I revved it, then you are admitting that the engine is old and worn out and has underlying problems.
3. I note that you have not addressed our point about the age and condition of the vehicle. We documented these concerns when we first took possession of the vehicle. It was covered in rust! The doors were jammed! It had 207,000km on the clock! This is not a new vehicle that has been destroyed by bad driving, it is an old rustheap that has been already driven into the ground by hundreds of preceding renters.
At the moment it seems like the local office is making up speculative reasons so that we have to pay to replace an worn vehicle motor which died of old age and overuse. Dirt road driving and revving too hard? Seriously?
I would like to see the evidence requested above please. I’m afraid you must reconsider this clearly fraudulent charge.
On Wed, 28 Apr 2021 at 22:23, Will Nicholl <email@example.com> wrote:
Thank you for your response.
I notice that you have dropped the ridiculous charge of ‘over-revving’. This is a step in the right direction. I’m afraid that once again though you have been duped by incorrect information from your Ecuador ExxxCar colleagues.
Let me put this very clearly: at no point did we ever leave a paved highway. I don’t understand on what possible basis the Ecuador lot could suggest that we did this. I am bewildered. Please can you tell me on what evidence this accusation is made?
You say we drove up Volcano Cotopaxi. This is totally incorrect. We had been travelling northwards from Cuenca towards Quilotoa where the car broke down. Cotopaxi is some distance further North than this. Again, the information that they have given you is completely false. Please could you ask them exactly how they have formed these assumptions? It will show you that they are simply making things up. We can provide a detailed itinerary of our movements – you will see that at no point did we ever leave the highway.
I simply cannot accept a charge of $2000 when we have been careful drivers and have not infringed our rental agreement in any way. I am sure you would be equally frustrated if such an outrageous charge had been take from you.
If we have to go down a legal route then it will be time and expense for both sides. There is still still time for you to do the right thing here.
Did you get a chance to look at all the reviews that I sent you about ExxxCar Quito? There are clear patterns of fraudulent charges and old unfit vehicles there.
On Wed, Mon, 10 May 2021 at 16:10, Will Nicholl <firstname.lastname@example.org> wrote:
Thanks for your response and apologies for the delay responding. I have been travelling home.
Once again though this response is not adequate. There are several basic mistakes in your statement below that I must correct:
1. As I have told you before, at no point have we ever driven the Hyundai H1 on anything but a paved road. As you admit, there is no tracking information to contradict what I say. Therefore on what evidential basis can you say I am in breach of my terms with regard to this vehicle?
2. Please take a look at both the Kia and the Vitara tracking data you sent me. I do not see any evidence of driving on unpaved roads. You keep bringing up the Cotopaxi volcano as if we were dirt-roading around the edge of the crater. Cotopaxi is a huge region with paved roads all around the base of the volcano. We had a brief picnic by the visitor centre (as you can see from your maps). Take a look at the satellite imagery freely available from Google – the route we have taken is all tarmac.
3. Please can you show me the Terms and Conditions that say that the car cannot be driven ‘’in rural parts of the country”? Are you saying that your cars can only be driven in the city? Is it against your terms to leave Quito then once the rental car has been picked up?
4. You say: “the car was fully checked prior to your hire and was fully drivable for 12 rental days. Therefore, it is clear to us that the engine damage could not have been pre-existing when your hire took place”. This contradicts what you have said below. I quote: “We are unable to supply you with the pre-rental inspection of the crankshaft as this would not form part of the pre-rental inspection check.” It was the crankshaft that failed and you are clearly stating that this was NOT checked.
5. You say that if there had a pre-existing condition “the vehicle would have been undriveable and the breakdown would have occurred much earlier.” On what basis do you say this? I have spoken to my mechanic in the UK and he tells me that any crack in the crankshaft might have been dormant for weeks, getting steadily worse as we drove along.
6. Looking up crankshaft damage, you will see that driving is not ever listed as a cause.
“Far more frequently, broken crankshafts can be attributed to:
-Mechanical overload of the crankshaft through abnormal combustion, water hammers, etc.
-Sudden jamming of the engine due to a faulty gearbox, loose counterweights, etc.
-Excessive rotary oscillation, e.g. faulty vibration dampers, faulty flywheels or couplings.
-Material weakening due to previous bearing damage or annealed bearing journals, etc.
-Unreliable modification work to the crankshaft bearing.
-Mechanical damage to the shaft before installation”
7. Once again you have not addressed the fact that you rented me a vehicle that was ancient with more than 200,000km on the clock and rust all over – and clearly a damaged crankshaft that you had not inspected. This certainly against the rental vehicles code of practice and I believe this makes ExxxCar negligent. The car broke down on the side of a mountain road in the evening when we were far from mobile reception. I had to leave my wife and children alone at the roadside in a dangerous area and hitch hike for over two hours to find and return with a mechanic. I believe that ExxxCar put my family in significant risk here and the psychological after-effects are still being felt.
8. Did you get a chance to look at all the reviews that I sent you about ExxxCar Quito? As I mentioned before, there are clear patterns of fraudulent charges and further evidence of old unfit vehicles there.
This is a clear cut case. I was rented an old and unroadworthy vehicle which should never have been allowed in your fleet according to the regulatory code of practice. The vehicle broke down due to a crankshaft fault, probably caused by age and overuse. The local ExxxCar office tried to profiteer from the situation to have the car refurbished at my expense. In fact it seems that ExxxCar should be paying me damages to compensate for the distress and risk caused.
Awaiting your reply.
On Wed, 16 Jun 2021 at 10:59, Will Nicholl <email@example.com> wrote:
WHY HAS EXXXCAR TAKEN ANOTHER $1750 OFF MY CREDIT CARD?
ExxxCar Ecuador is acting in an immoral and illegal manner. They are a den of thieves! This is so clearly apparent no matter how desperately you try to cover up for them.
One of the ExxxCar company values is: “Integrity: we are open, transparent and honest in our decisions, actions and delivery“. What a joke! You rented me one rusty old van for two weeks with 250,000km on the clock and now you have stolen over $5000 from me.
Do I have to cancel all my credit cards so your colleagues in Ecuador stop stealing my money? Will they help themselves to another couple of thousand every month?
Your explanation below for the first $2000 charge falls significantly short of credible – you have no evidence of off-road driving and you failed to inspect the crankshaft which then broke. Yet you refuse to take responsibility for your poor quality vehicle and hide behind false accusations which you can’t substantiate.
Now you have legitimized this initial fake charge, they have been emboldened to take another – again with no warning or explanation.
Please can you urgently explain this new charge?
On Fri, 18 Jun 2021 at 07:59, Will Nicholl <firstname.lastname@example.org> wrote:
SEE YOU IN COURT ASSHOLES.